A reader asked the following questions: If the police suspect that my child was involved in a crime, what are the rules regarding the police questioning them? Must a parent of a juvenile be present before they are questioned by police regarding the juvenile's possible involvement in criminal activity, especially if the questioning results in a confession? How is a juvenile's confession deemed admissible at trial?

Comment

By MSP Trooper Keith Disselkoen

Ionia Sentinel - Standard-Ionia, MI

By MSP Trooper Keith Disselkoen

Posted Apr. 5, 2013 at 1:21 PM
Updated Apr 5, 2013 at 1:25 PM

By MSP Trooper Keith Disselkoen

Posted Apr. 5, 2013 at 1:21 PM
Updated Apr 5, 2013 at 1:25 PM

MSP LAKEVIEW POST

A reader asked the following questions: If the police suspect that my child was involved in a crime, what are the rules regarding the police questioning them? Must a parent of a juvenile be present before they are questioned by police regarding the juvenile's possible involvement in criminal activity, especially if the questioning results in a confession? How is a juvenile's confession deemed admissible at trial?

No, under Michigan law, a parent does not have to be present before a juvenile is questioned; however, the confession must be voluntarily made before it may be used against the juvenile. The test of voluntariness is whether, considering the totality of all the surrounding circumstances, the confession is the product of an essentially free and unconstrained choice by the juvenile.

Michigan law suggests that if juvenile has requested the presence of a parent or other adult during questioning, the absence of such a person should be considered as having a negative impact on the voluntariness of a juvenile's confession.

Additionally, the Michigan courts have set forth factors to be used to determine if a confession was voluntarily made, such as:

Was the juvenile in custody and, if so, was the juvenile advised of his or her rights to remain silent and to have an attorney present?

The place where the juvenile was held while in custody

The juvenile's personal background

The juvenile's age, education, and intelligence level

The extent of the juvenile's prior experience with the police

The length of time the juvenile was detained before the confession was made

The repeated and prolonged nature of the questioning

Whether the juvenile was injured, intoxicated, in ill health, physically abused or threatened with physical abuse, or deprived of food, sleep, or medical attention

If a juvenile alleges that his or her confession was involuntary or because it was otherwise obtained in violation of his or her constitutional rights, a hearing may be held at which the prosecutor must establish that the confession was obtained legally.

Keith Disselkoen is a Community Service Trooper at the MSP Lakeview Post. If you have a question for Trooper Disselkoen, email him at asktrooperkeith@gmail.com.